Magistrate

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Magistrate
Lyman Poore Duff.jpg
Sir Lyman Poore Duff, a former justice of the Supreme Court of Canada
Occupation
Names Judge, justice of the peace, magistrate, judicial magistrate (particular in Germany)
Occupation type
Profession
Activity sectors
 Law
Description
CompetenciesAnalytical mind, critical thinking, impartiality, common sense
Education required
Usually experience as an advocate (varies by jurisdiction)
Fields of
employment
 Courts
Related jobs
 Barrister, solicitor, prosecutor

The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, magistrate is a word applied to a person responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions (e.g., England and Wales), magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.

Contents

Original meaning

In ancient Rome, the word magistratus referred to one of the highest offices of state. Analogous offices in the local authorities, such as municipium , were subordinate only to the legislature of which they generally were members, ex officio , often a combination of judicial and executive power, constituting one jurisdiction. In Rome itself, the highest magistrates were members of the so-called cursus honorum , 'course of honors'. They held both judicial and executive power within their sphere of responsibility (hence the modern use of the term "magistrate" to denote both judicial and executive officers), and also had the power to issue ius honorarium, or magisterial law. The Consul was the highest Roman magistrate. The Praetor (the office was later divided into two, the Urban and Peregrine Praetors) was the highest judge in matters of private law between individual citizens, while the Curule Aediles, who supervised public works in the city, exercised a limited civil jurisdiction in relation to the market. [1] Roman magistrates were not lawyers, but were advised by jurists who were experts in the law.

The term was maintained in most feudal successor states to the western Roman Empire. However, it was used mainly in Germanic kingdoms, especially in city-states, where the term magistrate was also used as an abstract generic term denoting the highest office, regardless of the formal titles (e.g. Consul, Mayor, Doge), even when that was actually a council. The term "chief magistrate" applied to the highest official, in sovereign entities the head of state and/or head of government.

Continental Europe and its former colonies

Under the "civil law" systems of European countries, such as Belgium, France, Italy and the Netherlands, magistrat (French), magistrato (Italian) and magistraat (Dutch) are generic terms which comprise both prosecutors and judges, distinguished as the 'standing' versus 'sitting' magistrature, respectively.

In France and Italy, and several other European countries, examining magistrate judges have represented the victim and are part of overseeing investigations from the beginning of a case, in consultation with police and prosecutors. In France they are titled investigative judge (juge d'instruction, "judge of inquiry"). Italy and some other nations have ended this practice.

In Portugal, besides being used in the scope of the judiciary to designate prosecutors and judges, the term magistrado was also used to designate certain government officials, like the former civil governors of district. These were referred as "administrative magistrates", to distinguish them from the judiciary magistrates. The President of Portugal is considered the Supreme Magistrate of the Nation.

In Finland, maistraatti (the Finnish-language cognate of "magistrate", officially translated as "local register office" [2] ) is a state-appointed local administrative office whose responsibilities include keeping population information and public registers, acting as a public notary and conducting civil marriages.

Mexico

In Mexico's Federal Law System, a magistrado (magistrate) is a superior judge (and the highest-ranking State judge), hierarchically beneath the Supreme Court Justices (Ministros de la Corte Suprema).

The magistrado reviews the cases seen by a judge in a second term if any of the parties disputes the verdict. For special cases, there are magistrados superiores (superior magistrates) who review the verdicts of special court and tribunal magistrates.

Germany

In Germany, the magistrational roles of the judge were transferred to a newly established legal body of the judiciary in 1942, which is that of the Rechtspfleger or judicial magistrate. [3]

English common law tradition

United Kingdom

England and Wales

Magistrates hear 'summary offences' and some 'triable-either-way offences' in the Courts of England and Wales. In 2021, there were 12,651 magistrates, a number that has fallen steadily in recent years, decreasing by 50% from 25,170 since 2012. [4] Magistrates have a maximum sentencing power of up to 12 months' imprisonment, and/or an unlimited fine. [5] In practice, magistrates have a wide range of sentencing options, which include issuing fines, imposing community orders, or dealing with offences by means of a discharge. In more serious cases, where magistrates' consider that their sentencing powers are insufficient, they can send 'either-way' offenders to the Crown Court for sentencing. [6]

All criminal cases begin in a magistrates' court. The most serious cases (for example murder, rape, etc) are sent to the Crown Court, although magistrates' will often decide on issues such as bail and any preliminary matters. [7] Lesser offences, including all summary only offences and some either-way offences will be dealt with entirely in the magistrates' court. [6] A wide range of other legal matters are within the remit of magistrates, such as matters relating to licensing and debt collection, [8] for example. In the past, magistrates have been responsible for granting licences to sell alcohol; [9] this function is now exercised by local councils, although there is a right of appeal to the magistrates' court. Magistrates are also responsible for granting orders such as search warrants to the police and other authorities. It used to be a requirement that they live within a 15-mile (24 km) radius of the area they preside over (the commission area) in case they are needed to sign a warrant after hours. However, commission areas were replaced with Local Justice Areas by the Courts Act 2003, meaning magistrates no longer need to live within 15 miles (24 km); although, in practice, many still do. Section 7 of the Courts Act 2003 states that "There shall be a commission of the peace for England and Wales—…b) addressed generally, and not by name, to all such persons as may from time to time hold office as justices of the peace for England and Wales". Thus, every magistrate in England and Wales may act as a magistrate anywhere in England or Wales.

There are two types of magistrates [10] in England and Wales: Justices of the Peace, and District Judges (formerly known as stipendiary magistrates). Justices of the peace (JPs) are trained volunteers appointed from the local community; the nature of their role means that it is not necessary for them to be legally qualified, but they do have the assistance of a legally qualified adviser in Court. [7] JPs require intelligence, common sense, integrity, and the capacity to act fairly. They are selected by a local advisory committee and only recommended to the Lord Chancellor for appointment if they can demonstrate the six key qualities required of a judicial office holder, these are: (a) good character, (b) commitment and reliability, (c) social awareness, (d) sound judgement, (e) understanding and communication and (f) maturity and sound temperament. [11] Membership is widely spread throughout the area covered and drawn from all walks of life. Police officers, traffic wardens, RSPCA employees and certain other categories of employees, as well as their close relatives, will not be appointed, nor will those convicted of certain criminal offences including recent minor offences.

All new justices of the peace undergo comprehensive training before sitting. There is a mentoring programme to help guide new appointees (mentors are magistrates with at least three years' service). [12] The training, delivered by the Judicial College, covers the necessary law and procedure required for their role. They continue to receive training throughout their judicial career, and are appraised every four years (every two years for a Presiding Justice) to check that they continue to remain competent in their role. [13] Additional training is given to justices choosing to sit in the Youth Court or those dealing with family matters. New JPs sit with mentors on at least six occasions during their first eighteen months. Justices of the peace are unpaid appointees, but they may receive allowances to cover travelling expenses, subsistence and loss of earnings for those not paid by their employer while sitting as a magistrate, up to a maximum of £116.78 a day. A justice of the peace may sit at any magistrates' court in England and Wales, but in practice, they are appointed to their local bench (a colloquial and legal term for the local court). Justices of the peace will normally sit as a panel of three, with two as a minimum in most cases, except those cases dealt with under the single justice procedure. Many are members of the Magistrates' Association, which provides advice and training and also represents magistrates. [14]

The other type of magistrate is known as a district judge (magistrates' courts). Unlike justices of the peace, district judges (magistrates' courts) usually sit alone, although still have the benefit of a legal adviser. They are paid Judges appointed by open competition through a process administered by the Judicial Appointments Commission (JAC) and are required to be qualified solicitors, barristers, or chartered legal executives. Some also sit in the family court. Questions have been raised by the Magistrates' Association as to the legal safeguards of a single district judge allowed to hear a case, decide the outcome, and pass sentence without reference to another party, [15] however the criminal procedure rules do require some cases to be heard by a District Judge, such as those matters relating to extradition or where the contested issue is a disputed point of law. [16]

According to the official statistics for diversity of the judiciary in 2021, 56% of sitting magistrates were women, 13% were Black, Asian and minority ethnic and 82% per aged above 50 as at 1 April 2021. [4]

Scotland

In the courts of Scotland, the office of stipendiary magistrate was established by Section 5 of the District Courts (Scotland) Act 1975, [17] : Section 5  and was replaced by the office of summary sheriff by Section 218 of the Courts Reform (Scotland) Act 2014. [18] In Scotland, the lowest level of law-court, a justice of the peace court, is presided over by a justice of the peace, who like in England and Wales are trained volunteers. Stipendiary magistrates are, ex officio, justices of the peace, and when sitting in a JP court had the summary criminal jurisdiction and powers of a sheriff. [17] : Section 5 

Australia

Federal Magistrate

A Federal Magistrate was an office created on 23 December 1999 along with the establishment of the Federal Magistrates Court by the Australian Government as a result of royal assent of the Federal Magistrates Act 1999 (Cth). [19] Its first judicial officers were appointed in 2000; it first applications were filed on 23 June 2000 and the Court's first sittings were conducted on 3 July 2000 in Adelaide, Brisbane, Canberra, Melbourne, Newcastle, Parramatta and Townsville.

The Federal Magistrates' Court of Australia dealt with more minor Commonwealth law matters which had previously been heard by the Federal Court of Australia (administrative law, bankruptcy, consumer protection, trade practices, human rights, and copyright) or the Family Court (divorce, residence [or custody], and contact with [or access to] the children, property division upon divorce, maintenance, and child support). In some areas, such as bankruptcy and copyright, the court had virtually unlimited jurisdiction.

The Federal Magistrates would hear shorter or less complex matters or matters in which the monetary sum in disputes does not exceed given amounts. For instance, property divisions where the total assets are A$700,000 or less and consumer law matters (trade practices) where the amount claimed is less than $750,000. The first Chief Federal Magistrate, Diana Bryant left the court in 2004 when she was appointed Chief Justice of the Family Court of Australia, the third person to be appointed that position since the establishment of the Family Court.

Eventually, the Federal Magistrates Court assumed a significant part of the workload of the Federal Court and the Family Court. By May 2004, the court was dealing with 73% of the total number of applications made in the three courts (see the Annual Report of the Federal Magistrates' Court 2004/2005 [20] ). The Federal Magistrates Court was exercising jurisdiction well in excess of that of the state magistrates' courts, and similar to that of the District and County courts of the Australian states.

On 12 April 2013, in recognition of its increased jurisdiction and its role as an intermediate court servicing regional centres as well as capital cities throughout Australia, the Federal Magistrates Court was renamed the Federal Circuit Court of Australia, the Act renamed as the Federal Circuit Court of Australia Act 1999, and its judicial officers received the title "Judge" instead of "Federal Magistrate". [21]

State magistrate

The state magistrates in Australia derive from the English magistrates. All magistrates are salaried officers.

The jurisdiction of the magistrates varies from state-to-state. They preside over courts which are, depending on the state, called magistrates' courts, Local Court, or courts of petty sessions.

Magistrates hear bail applications, motor licensing applications, applications for orders restraining a given individual from approaching a specific person ("intervention orders" or "apprehended violence orders"), summary criminal matters, the least serious indictable criminal matters, and civil matters where the disputed amount does not exceed A$40,000 to A$100,000 (depending on the state).

In some states, such as Queensland and NSW, the magistrate may appear robed; although, some magistrates are known to prefer a business suit. Magistrates presiding in the Koori Court (which deals with Aboriginal defendants) were originally of a mind not to appear robed; however, elders within the Indigenous community urged magistrates to continue wearing robes to mark the solemnity of the court process to defendants. Robing is being considered for magistrates in other states; however, neither counsel nor solicitors appear robed in any Australian magistrates' court. Robing in summary courts is unlikely to extend to the legal profession.

Historically, magistrates in Australia have been referred to as "Your Worship". (From Old English weorthscipe, meaning being worthy of respect.) However, members of the magistracy are now addressed as "Your Honour" in all states. This was partly to recognize the increasing role magistrates play in the administration of justice, but also to recognize the archaic nature of "Your Worship", and the tendency for witnesses and defendants to incorrectly use "Your Honour" in any event. It is also acceptable to address a magistrate simply as Sir or Madam.

Hong Kong

There are currently seven magistrates' courts in Hong Kong. Magistrates exercise criminal jurisdiction over a wide range of offences. Although there is a general limit of two years' imprisonment or a fine of HK$100,000, certain statutory provisions give Magistrates the power to sentence up to three years' imprisonment and to impose a fine up to HK$5,000,000.

India

There are two classifications of magistrates: judicial magistrates, who are part of the judiciary (court), and executive magistrates, who are government administrative officials and belong to the executive branch of the government.

Judicial Magistrates

There are four categories of magistrates in the Judiciary of India. This classification is given in the Criminal Procedure Code, 1973 (CrPC). It stipulates that in each sessions district, there shall be:

1. The Chief Judicial Magistrate [CJM] (including Additional Chief Judicial Magistrates.) CJMs hear all types of criminal cases. All magistrates' courts are controlled by the CJM. The CJM looks over the work of judicial magistrates, but cannot take any action against them. The CJM can only report the misbehavior of judicial magistrates to the High Court. A court of Chief Judicial Magistrates can sentence a person to jail up to seven years and impose fines of up to any amount. The CJM is the most senior among all magistrates in their district.

2. There is a Sub-Divisional Judicial Magistrate (SDJM) in every subdivision. They hear cases related to the Dowry Act, EC Act, and other criminal cases. They also maintain and control the judicial court below them. A court of Sub-Divisional Judicial Magistrates may sentence a person to imprisonment of up to three years and impose fine up to ₹10,000 (US$130). Judicial magistrates can try criminal cases.

3. A Judicial Magistrate of First Class ( also known as Judicial First Class Magistrate) can sentence a person to jail for up to three years and impose a fine of up to ₹10,000 (US$130).

Executive Magistrates

An Executive Magistrate is an officer of the Executive branch (e.g., government department, typically the revenue department) rather than the Judicial branch. They are vested with specific powers under both the CrPC (Code of Criminal Procedure) and the Indian Penal Code (IPC). These powers are conferred by Sections 107–110, 133, 144, 145, and 147 of the CrPC. These officers cannot try any accused nor pass verdicts. A person arrested on the orders of a court located outside the local jurisdiction should be produced before an Executive Magistrate who can also set the bail amount for the arrested individual to avoid police custody, depending on the terms of the warrant. The Executive Magistrate also can pass orders restraining persons from committing a particular act or preventing persons from entering an area (Section 144 CrPC). There is no specific provision to order a "curfew". The Executive Magistrates alone are authorised to use force against people. In plain language, they alone can disperse an "unlawful assembly". Technically, the police are to assist the Executive Magistrate. Executive Magistrates can dictate to the police the manner of force (baton charge/ tear gas/blank fire/firing) and also, how much force should be used. They can also seek the assistance of the Armed Forces to quell a riot.

There are, in each Revenue District (as opposed to a Sessions District) the following kinds of Executive Magistrates:

All the Executive Magistrates of the district, except the ADM, are under the control of the DM.

These magistrates are normally conferred on the officers of the Revenue Department, although an officer can be appointed exclusively as an Executive Magistrate. Normally, the Collector of the district is appointed as the DM. Similarly, the Sub-Collectors are appointed as the SDMs. Tehsildars and Deputy/Additional Tehsildars are appointed as Executive Magistrates.

Under the old CrPC, there was no distinction between the Executive and Judicial Magistrates; some states still follow the old CrPC.

Bangladesh

According to the Code of Criminal Procedure(CrPC),1898; there are two classes of Magistrates in Bangladesh, namely: –

(a) Judicial Magistrate; and

(b) Executive Magistrate.

There shall be four classes of judicial Magistrate, namely:

(a) Chief Metropolitan Magistrate in Metropolitan Area and Chief judicial Magistrate to other areas

(b) Magistrate of the first class, who shall in Metropolitan area, is known as Metropolitan Magistrate

(c) Magistrate of the second class

(d) Magistrate of the third class

Executive Magistrate

According to the section-10(6)of the Code of Criminal Procedure(CrPC)1898, members of Bangladesh Civil Service(Administration) Cadre, who are in the capacity of Assistant Commissioner, Upozila Nirbahi Officer(UNO), and Additional Deputy Commissioner(ADC) shall be Executive Magistrates and may exercise the power of Executive Magistrate within their existing respective local areas. Besides this, according to the provision of the section-10(5) of CrPC,1898; The Government may, if it thinks it expedient or necessary, appoint any persons employed in the Bangladesh Civil Service (Administration) to be an Executive Magistrate and confer the powers of an Executive Magistrate on any such member.

Every Administrative District has the following Executive Magistrates:

(a) District Magistrate : In every district and in every Metropolitan Area, the Government shall appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.

(b) Additional District Magistrate (ADM): The Government may also appoint any Executive Magistrate to be an Additional District Magistrate. Additional District Magistrates shall have all or any of the powers of a District Magistrate under this Code or under any other law for the time being in force, as the Government may direct.

(c) Additional Deputy Commissioner (ADC): All the ADC's in the district are Executive Magistrate.

(d) Upazila Nirbahi Officer or Sub-District Executive Officer

(e) Assistant Commissioner; including Senior Assistant Commissioner and Assistant Commissioner (Land)

New Zealand

The position of stipendiary magistrate in New Zealand was renamed in 1980 to that of district court judge. The position was often known simply as magistrate, or the postnominal initials SM after a magistrate's name in newspapers' court reports.

In the late 1990s, a position of community magistrate was created for District Courts on a trial basis. A community magistrate sits in the hierarchy just below a district court judge. They only have criminal case jurisdiction. They are lay judicial officers, not needing to hold a law degree, although many do.[ citation needed ]

Sri Lanka

In Sri Lanka, a magistrate is a Judicial Officer appointed to preside over a Magistrates' Court to a particular jurisdiction under the Judicature Act No 02 of 1978. The post was formally known as Police Magistrate when, magistrates' courts were known as police magistrate courts. Magistrates have jurisdiction over the criminal cases filed under the penal code. They carryout first mortem and post mortem examinations; issue search warrants; arrest warrants produce suspected persons; and grant bail. In many cases magistrates preside over primary courts [22] Unofficial magistrates can be appointed from among the senior lawyers of the local bar. [23] There are four types of magistrate

United States

Magistrates are somewhat less common in the United States than in Europe, but the position does exist in some state jurisdictions and in federal courts.

The term "magistrate" is often used (chiefly in judicial opinions) as a generic term for any independent judge who is capable of issuing warrants, reviewing arrests, etc. [24] [25] When used in this way, it does not denote a judge with a particular office. Instead, it denotes (somewhat circularly) a judge or judicial officer who is capable of hearing and deciding a particular matter. That capability is defined by State statute or by common law. In Virginia, for example, the Constitution of 1971 created the office of magistrate to replace the use in cities and counties of the justice of the peace, which is common in many states for this function.

As noted above, the terms "magistrate" or "chief magistrate" were sometimes used in the early days of the republic to refer to the President of the United States, as in President John Adams's message to the U.S. Senate upon the death of George Washington: "His example is now complete, and it will teach wisdom and virtue to magistrates, citizens, and men, not only in the present age, but in future generations, as long as our history shall be read" (19 December 1799).

Federal courts

In the United States federal courts, a magistrate judge is a judicial officer authorized by 28 U.S.C.   § 631 et seq. They were formerly known as U.S. commissioners, and then as magistrates. Magistrate judges, as they have been designated since 1990, are appointed by the life-term federal district judges of a particular court, serving terms of eight years if full-time, or four years if part-time, and may be reappointed. Magistrate judges conduct a wide range of judicial proceedings to expedite the disposition of the civil and criminal caseloads of the United States district courts. Congress set forth in the statute the powers and responsibilities that could be delegated by district court judges to magistrate judges. To achieve maximum flexibility in meeting the needs of each court, however, Congress left to the individual courts the actual determination of which duties to assign to magistrate judges.

State courts

In many state court systems in the United States, magistrate courts are the successor to Justice of the Peace courts, and frequently have authority to handle the trials of civil cases up to a certain dollar amount at issue, applications for bail, arrest and search warrants, and the adjudication of petty or misdemeanor criminal offences. In Ohio, magistrates are subordinate to the judge or judges who appoint them, and all of their decisions are subject to the review, amendment, approval, or reversal by a judge. In some states, including West Virginia and Georgia, magistrates are elected and not appointed.

Other traditions

China

Magistrate, or chief magistrate, is also a common translation of the Chinese xianzhang (县长/縣長 literally: county leader) the political head of a county or xiàn/hsien (县/縣) which ranks in the third level of the administrative hierarchy of China. Magistrates are also the administrative heads of government of counties during the Republican era. [26] The county magistrate elections are heavily and sometimes bitterly contested, and are often a stepping-stone to higher office. The translation dates from imperial China in which the county magistrate was the lowest official in the imperial Chinese bureaucracy and had judicial in addition to administrative functions.

After losing the Chinese Civil War, county magistrate elections in the Republic of China were first open to election in the 1960s and, before the end of martial law in 1991, were the highest elected position of any real power, and hence, the focus of election campaigns by the Tangwai movement. The magistrates became the first level head of government after the central government reduced provincial powers in 1998. In the People's Republic of China, the county leader is elected by the local people's congress but the process is controlled by the Communist Party.

Russia

In Russia, magistrates (justices of the peace) handle minor criminal cases where imprisonment is for less than three years such as slander, petty hooliganism, public drunkenness, and serious traffic violations of a non-criminal nature, minor civil cases such as simple divorces, some property cases, disputes over land, and some labor cases, as well as some federal administrative law cases.

The magistrates are the only judges of the regional level within the judiciary of Russia. All other courts, including the district courts, are federal, as they are financed from the federal budget and their judges are appointed by the president of Russia, while the magistrates are financed from the regional budgets and are usually appointed by regional legislatures or elected by the population of a judicial district .[ citation needed ]

Switzerland

In Switzerland, magistrate is a designation for the persons holding the most senior executive and judicial offices. On the federal level, the members of the Federal Council, the Federal Chancellor, and the judges on the Federal Supreme Court are called magistrates. [27] The designation of magistrate is not a title or style. It does not, by itself, confer any particular privileges.

Siam

In Siam, the position of yakkrabutr (ยกกระบัตร) is similar to that of the magistrate and was given to palace officials sent to provincial capitals to administers law and ensure justice on behalf of the monarch. The position was phased out and reformed into the position of prosecutor in 1916 during the reign of Rama VI.

Kenya

In Kenya, there are five categories of magistrates, namely: Resident Magistrate, Senior Resident Magistrate, Principal Magistrate, Senior Principal Magistrate, and Chief Magistrate. Chief Magistrate is the highest ranking among magistrates and also assumes administrative control of magistrate courts in his or her jurisdiction. A Chief Magistrate has jurisdiction in a dispute that does not exceed seven million Kenya shillings. For Senior Principal Magistrates, the limit is in disputes not exceeding five million Kenya shillings; for Principal Magistrates it is disputes not exceeding four million Kenya shillings. Senior Resident Magistrates have jurisdiction in disputes not exceeding three million Kenya shillings and Resident Magistrates in disputes not exceeding two million Kenya shillings. [28]

See also

Notes

  1. ↑ p4 and p18, Nicholas, Barry, An Introduction to Roman Law (Oxford University Press, 1975) ISBN   0-19-876063-9
  2. ↑ toimitusneuvosto, www.maistraatti.fi -. "Startpage". www.maistraatti.fi.
  3. ↑ "Dipl. Rechtspflegerin (FH) / Dipl. Rechtspfleger (FH)" (in German). State Ministry of Justice of Rhineland-Palatinate. Archived from the original on 2 April 2015.
    - Christian Shoenmackers in "Der Einstieg in den NS-Staat: 'Volksgemeinschaft' als basis für Gleichschaltung und Selbsteinbringung der Juristen"
  4. 1 2 "Diversity of the judiciary: Legal professions, new appointments and current post-holders – 2021 Statistics". GOV.UK. Retrieved 21 May 2022.
  5. ↑ "Magistrates' Court". www.judiciary.uk. Retrieved 21 May 2022.
  6. 1 2 legislation.gov.uk. "Magistrates' Court Act 1980". Legislation.gov.uk. Retrieved 21 May 2022.
  7. 1 2 "Become a magistrate". GOV.UK. Retrieved 21 May 2022.
  8. ↑ "The jurisdiction of the magistrates court (Law in action: learning through scripted role plays) at UKCLE". ials.sas.ac.uk. Retrieved 21 May 2022.
  9. ↑ Under a law of 1729 which instituted Brewster sessions, a special meeting of quarter sessions (Richardson, John (1974) The Local Historian's Encyclopedia. New Barnet: Historical Publications; p. 270; Hey, David, ed. (1996) The Oxford Companion to Local and Family History. Oxford University Press; pp. 46–47)
  10. ↑ "Magistrates: who are they..." Courts and Tribunals Judiciary . Retrieved 4 January 2015.
  11. ↑ "Magistrates Association > About magistrates". www.magistrates-association.org.uk. Retrieved 21 May 2022.
  12. ↑ "The Magistracy and the work of magistrates". Archived from the original on 4 December 2008.
  13. ↑ "Magistrates Association > About magistrates > Training of magistrates". www.magistrates-association.org.uk. Retrieved 21 May 2022.
  14. ↑ "Magistrates Association > What we do". www.magistrates-association.org.uk. Retrieved 21 May 2022.
  15. ↑ John Thornhill, Chairman of the Magistrates' Association – Solicitors Journal – April 2011.
  16. ↑ "The Criminal Procedure Rules 2020". Legislation.gov.uk. Retrieved 21 May 2022.
  17. 1 2 "District Courts (Scotland) Act 1975", legislation.gov.uk , The National Archives, 1975 c. 20
  18. ↑ Scottish Parliament. Courts Reform (Scotland) Act 2014 as amended (see also enacted form ), from legislation.gov.uk .
  19. ↑ Federal Magistrates Act 1999 (Cth) s 8
  20. ↑ Annual Report 2004-2005 | PART THREE: PERFORMANCE
  21. ↑ Federal Attorney-General's announcement Archived 20 April 2013 at the Wayback Machine
  22. ↑ ICTA. "Judicial Hierarchy". www.jsc.gov.lk.
  23. ↑ "opinio02". www.island.lk.
  24. ↑ Education 2020 Homeschool Console; Government course – Vocabulary, "usage" section for magistrate: "The term, magistrate, is often used for any independent judge who is capable of issuing warrants and reviewing arrests."
  25. ↑ "Van Wer County Ohio Common Pleas Court General Division". vwcommonpleas.org.
  26. ↑ "ROC introduction: Government organizations: Local governments: County (City) Level". Office of the President (Taiwan) . Retrieved 13 April 2021.
  27. ↑ See art. 1 of the Bundesgesetz über Besoldung und berufliche Vorsorge der Magistratspersonen, SR/RS 172.121.
  28. ↑ "Kenya Law: Home Page". www.kenyalaw.org.

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<span class="mw-page-title-main">Magistrates' court (England and Wales)</span> Lower court in England and Wales

In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.

<span class="mw-page-title-main">High Court of Singapore</span> Lower division of national supreme court

The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal. The High Court consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The other divisions of the high court are the General Division, the Appellate Division, and the Family Division. The seat of the High Court is the Supreme Court Building.

<span class="mw-page-title-main">Judiciary of Pakistan</span> National judicial system

The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the colonial era, influenced by local medieval judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.

<span class="mw-page-title-main">Judiciary of India</span> National court system

The judiciary of India is a system of courts that interpret and apply the law in the Republic of India. India uses a common law system, first introduced by the British East India Company and with influence from other colonial powers and Indian princely states, as well as practices from ancient and medieval times. The Constitution of India provides concept for a single and unified judiciary in India.

The Government of Guam (GovGuam) is a presidential representative democratic system, whereby the president is the head of state and the governor is head of government, and of a multi-party system. Guam is an organized, unincorporated territory of the United States with policy relations between Guam and the US under the jurisdiction of the Office of Insular Affairs.

<span class="mw-page-title-main">Judiciary of Spain</span>

The Judiciary of Spain consists of Courts and Tribunals, composed of judges and magistrates (Justices), who have the power to administer justice in the name of the King of Spain.

<span class="mw-page-title-main">Judiciary of Jamaica</span>

The judiciary of Jamaica is based on the judiciary of the United Kingdom. The courts are organized at four levels, with additional provision for appeal to the Judicial Committee of the Privy Council in London. The Court of Appeal is the highest appellate court. The Supreme Court has unlimited jurisdiction in all cases, and sits as the Circuit Court to try criminal cases. The Parish Court in each parish hears both criminal and civil cases, excluding grave offences. The Petty Sessions are held under Justices of the Peace, with power to hear minor crimes.

<span class="mw-page-title-main">Code of Criminal Procedure (India)</span> Erstwhile Code of Criminal Law of India

The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) was the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.

<span class="mw-page-title-main">Magistrate (England and Wales)</span> Legal office held by lay people in England and Wales

In England and Wales, magistrates are trained volunteers, selected from the local community, who deal with a wide range of criminal and civil proceedings. They are also known as Justices of the Peace. In the adult criminal court, magistrates decide on offences which carry up to twelve months in prison, or an unlimited fine. Magistrates also sit in the family court where they help resolve disputes that involve children, and in the youth court which deals with criminal matters involving young people aged 10-17. Established over 650 years ago, the magistracy is a key part of the judiciary of England and Wales, and it is a role underpinned by the principles of 'local justice' and 'justice by one's peers'.

<span class="mw-page-title-main">Law of the Bahamas</span>

The basis of the Bahamian Law and legal system lies within the English Common Law tradition. Justices of the Supreme Court, Registrars and Magistrates are all appointed by The Governor-General acting on the advice of the Judicial and Legal Service Commission, which is composed of five individuals who are headed by the Chief Justice as their chairman. The Chief Justice and the Justices of the Court of Appeal, including the President, are appointed by the Governor-General on the recommendation of the Prime Minister after consultation with the Leader of the Opposition. Once appointed, the salaries and other terms of appointment of the Chief Justice, Justices of Appeal and Justices of the Supreme Court cannot be altered to their disadvantage. Justices of the Supreme Court can serve until the age of 65 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 67. Justices of Appeal can serve until the age of 68 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 70 years. The law of The Bahamas makes provisions for the appointment of 12 Justices to the Bench of the Supreme Court, inclusive of the Chief Justice, and for five Justices of the Court of Appeal, inclusive of the President. The Chief Justice, as Head of the Judiciary, is an ex officio member of the Court of Appeal, but only sits at the invitation of the President.

<span class="mw-page-title-main">Judiciary of Scotland</span> Judicial office holders in the courts of Scotland

The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access.

The Judiciary of Sri Lanka are the civil and criminal courts responsible for the administration of justice in Sri Lanka. The Constitution of Sri Lanka defines courts as independent institutions within the traditional framework of checks and balances. They apply Sri Lankan Law which is an amalgam of English common law, Roman-Dutch civil law and Customary Law; and are established under the Judicature Act No 02 of 1978 of the Parliament of Sri Lanka.

<span class="mw-page-title-main">Judiciary of Sierra Leone</span>

The Judiciary of Sierra Leone is the branch of the Government of the Republic of Sierra Leone which interprets and applies the laws of Sierra Leone to ensure impartial justice under law and to provide a mechanism for dispute resolution. The independence of the judiciary is guaranteed by the constitution.

References

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